Probate Process In Nm

Summary

Probate can be complex, especially if an estate lacks funds to fulfill bequests. In New Mexico, the residual estate is used to pay debts and bequests. If an executor acts dishonestly, you can challenge their actions in court. Filing a claim against the estate is a step, but legal representation is advised. Free or low-cost legal help is available through New Mexico Legal Aid and other programs.

Full Conversation

Probate
Hello ****, probate can be a complex process. It would help to know your specific question or concern. Also, could you please tell me which state you're located in? Probate laws can vary by state.
Nm
Hello ****, since you're in New Mexico, here are some key points about probate:
- Not all estates need to go through probate.
- Small estates might qualify for a simpler process.
- If a will is present, it determines who gets the property.
- Without a will, state laws dictate distribution.
There is a will
That's good, ****. Having a will can simplify matters. Are you an executor of the will, and do you need help understanding your duties or the probate process in New Mexico?
I am devisee
I see, ****. As a devisee, you're a person to whom property is left in a will. Do you have a specific question or need clarification about your rights and responsibilities in New Mexico?
I was given *,* dollars. But there is no money
I understand, ****. Are you saying the estate doesn't have enough funds to fulfill the bequest made to you in the will?
Yes
In this case, ****, the estate may be insolvent. Are there any other assets in the estate that could be used to fulfill your bequest or have all assets been exhausted? Also, are there any other outstanding debts the estate has to settle?
There is a property
****, is the property explicitly bequeathed to someone else in the will, or is it part of the residual estate that could potentially be sold to cover debts and bequests like yours?
Part ofresidual
In New Mexico, the residual estate is typically used to pay off any remaining debts and fulfill any bequests. Have you discussed with the executor the possibility of selling the property to fulfill your bequest or any other debts the estate might have?
No
You might want to consider speaking with the executor about the property. It can potentially be sold to fulfill the bequests and cover the estate's debts, but it depends on how the will is structured and what the executor decides.
The executor is my uncle
I understand, ****. You should definitely have a discussion with your uncle, the executor. He has the responsibility to manage the estate, pay off debts, and distribute remaining assets as per the will. This might include selling the property.
He would get the residual
****, is your uncle also a beneficiary in the will? If so, he may have a conflict of interest. Do you need information on how such conflicts are usually handled in New Mexico?
He was a successor to the personal representative
****, are you saying that your uncle was not the original executor, but rather, he took over from the initial personal representative? If so, did this occur due to the representative's death, resignation, or removal?
The intinial pr was my grandfather but he died beforey grandmother
I see, ****. In New Mexico, a successor can take over the role of the personal representative if the original one is unable to perform their duties. Your uncle, as the successor, should act in the best interest of the estate and its beneficiaries.
Well he lied about there not being a will
I understand your concern, ****. If you believe the executor has acted dishonestly, you may have grounds to challenge their actions in court. In New Mexico:
- You can file a petition in the probate court.
- You must present evidence of the claimed misconduct.
- The court may remove the executor if misconduct is proven.
Please consult with a local attorney for better guidance.
I have filed formymoney tobepaidto me
That's a positive step, ****. After filing, the court will review your claim. Did you file it in the probate court in New Mexico, and do you have legal representation for this matter?
I don't have legal representation
I see, ****. Legal representation can be very beneficial in complex probate matters. You might consider seeking a consultation with a probate attorney. They can provide advice tailored to your situation in New Mexico. Would you like assistance finding one?
Can the attorney who drew uy grand mothers will also represent my uncle
Yes, ****, the attorney who drafted your grandmother's will can represent your uncle. However, if there's a conflict of interest, the attorney might decline. It's essential to ensure the attorney's duty is to the best interest of the estate and all beneficiaries.
Filed a claim.against the estate. Probably not the form I should have filed
****, it's important to file the correct form for your claim. Could you specify what form you filed? It would also be helpful if you could tell me which county in New Mexico you're in, as procedures can vary slightly.
Claim against estate
I see, ****. In New Mexico, filing a claim against an estate is an appropriate step if you believe you're owed money. However, since probate law can be complex, it's advised to seek legal counsel to ensure correct procedures are followed.
I received a disallow against estate
I understand, ****. A disallowance notice means your claim has been rejected. In New Mexico, you may appeal this decision in probate court within 60 days of receiving the notice. Legal representation is recommended in this process.
How do I get legal help I have no money to hire anyone
In New Mexico, there are several resources for free or low-cost legal help:
- New Mexico Legal Aid: Provides free legal services to low-income individuals.
- Law Access New Mexico: Offers a free legal hotline for advice.
- Volunteer Attorney Program: Lawyers volunteer their time to assist those who can't afford legal fees.
You might consider contacting these organizations.
What about probono attorney
Pro bono attorneys provide free legal services to those who cannot afford them. In New Mexico, you can contact:
- New Mexico Legal Aid: They have a Pro Bono program.
- State Bar of New Mexico: They operate a Pro Bono Legal Services program.
You may qualify based on your income.
Thanks
You're welcome, ****! If you have any more questions or need further clarification, don't hesitate to ask. Wishing you the best with your case.